Court : Mumbai
Decided on : Jun-16-2014
..... that is before the coming into force of the bombay rent, hotel and lodging house rates control, bombay land requisition and the bombay government premises (eviction) (amendment) act, 1996; 7(4) "legal representative" means a legal representative as defined in the code of civil procedure, 1908, and includes also, in the case ..... construing the indian contract act, 1872 which defines and amends certain parts of the law relating to contracts; and for construing the arbitration act, 1940, which is an act to consolidate and amend the law relating to arbitration. it may here be mentioned that observation ..... lord herschell with reference to codifying statutes can be usefully applied to a consolidating and amending statute. the supreme court has applied the said rule for construing the indian incometax act, 1922, which was an act to consolidate and amend the law relating to incometax and supertax. the rule has also been applied for .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-17-2014
..... 2010 that the ad-interim order passed on 14th may, 2010 stood revoked so far as today is concerned?. liberty was granted to the plaintiff to amend that petition or to take out appropriate proceedings and then apply for appropriate reliefs. 14. this suit is accordingly filed pursuant to such liberty. the plaintiff ..... programs and has been issued almost immediately after the advertisement release order and hence is disputed. the defendant further contends that certain joint committee meetings of the indian broadcasting foundation (ibf) who sought to settle the dispute showed that the plaintiff was part of it and one of its members was the plaintiff's ..... made payment nor raised any dispute about the liability for payment. 5. the plaintiff filed an arbitration petition u/s.9 of the arbitration and conciliation act, 1996 ('the act') to apply for interim relief. pending the arbitration the defendant no.1 not only accepted the advertising agreement dated 20th june, 2008 between plaintiff and .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-2014
..... the findings of the commission on the above issue. (b) we also do not find merit in the petitioner's contention that as chapter xix-a of the act was amended w.e.f. 1 june 2007 till which date according to the petitioner, the applications had not been admitted, the proceedings should have been pending before the assessing ..... name of respondentsettlement application filed for1resp.no.2 star ltd.a.y. 2003-04 to 2006-072resp.no.3 asian broadcastinga. y. 2002-03 to 2006-073resp.no.4 indian region broadcasting ltd.a. y. 2001-02 to 2006-074resp.no.5 sgl entertainment ltd.a. y. 2004-05 to 2006-075resp.no.6 star television entertainment ltd.a. ..... , respondent nos.3 and 4 have filed appeals and the appeals are still awaiting disposal; (x) respondent no.5 was an intermediary company engaged in acquiring contents from indian and foreign sources to provide them to the channel companies. this was also brought to tax by the assessing officer for the first time during assessment year 2004-05. being .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-05-2014
..... not dispute the above admissions and on the contrary support these. 17 as against the aforesaid admissions, what defendant no. 1 claims in its written statement (and amended written statement), as noted above, is as follows: (i) the agreement for transfer of reversionary interest stood altered or modified by letter dated 1 february 2008 executed ..... vs. mahabir prasad (air (38) 1951 supreme court 177) and the judgment of calcutta high court in the case of premsuk das assaram vs. udairam gungabux (indian law reports (vol.xlv.) calcutta series page 138). in the case of firm sriniwas ram kumar (supra), the subordinate court had dismissed the plaintiff's claim for specific ..... admission. the facts of the case may be briefly set out as follows. 2 plaintiff nos. 1 and 2 are companies under part ix of the companies act, 1956 incorporated as such upon conversion of two co-operative societies, which themselves came into existence on account of de-merger of pankaj co-operative housing development society .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jan-31-2014
..... in the shape of the photo-stat copy and this court did not perceive any error in the said analysis.? 21. section 65(a) and (c) of the indian evidence act provide as under : 65. cases in which secondary evidence relating to documents may be given- secondary evidence may be given of the existence, condition or contents of a ..... dube (1975)4 scc 664, wherein it has been held that : (scc p.666, para 7) '7.... according to clause (a) of section 65 of the indian evidence act, secondary evidence may be given of the existence, condition or contents of a document when the original is shown or appears to be in the possession or power of the ..... such documents that the law relating to proof of documents by secondary evidence is specifically enacted. 57. it may be mentioned that under section 65(c) of the indian evidence act when an original document has been destroyed or lost and cannot be produced within a reasonable time, secondary evidence of its contents is admissible. the cross examination of .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-18-2014
..... 73 comp. cas. 330; in re: bhagat industrial corporation ltd. v ego metal works p. ltd., 1975 indlaw del 62 (del).the present petition has been amended; the amendment sufficiently takes the ground of admission and a refusal to pay; the prayer is founded on this, and explicitly invokes the ground of an inability to pay. it is ..... view, substantially alter the position in his favour. d. premature publication 46. both parties have tendered a copy of the public notice issued by severn trent in the indian express, mumbai edition, on 18th december 2004. this notice is not part of the present record. it is reproduced in the annexure to this order in full, ..... petitioner states that the notice demanding payment of outstanding amounts dated august 4, 2004 was issued by the petitioners advocates under sections 433 and 434 of the companies act, 1956. the company replied to the winding up notice vide its letter dated september 1, 2004 and admitted and acknowledged therein that the company indeed owed monies .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-25-2014
..... be seen, has observed that the defence raised by the defendant should be such that raises a serious dispute over the plaintiffs title, then there is a need to amend the suit for declaration. alternatively, he may withdraw the suit for bare injunction, with permission of the court to file a comprehensive suit for declaration and injunction. the ..... details of the right or title claimed by him, which raises a serious dispute or cloud over plaintiff's title, then there is a need for the plaintiff, to amend the plaint and convert the suit into one for declaration. alternatively, he may withdraw the suit for bare injunction, with permission of the court to file a comprehensive ..... full bench has observed in paragraph 47 of the said judgmnet that the word licencee has been used by the legislature in the pscc act in the general sense of the term as defined in the indian easement act. as indicated abve the issue before the full bench was not as to who is a gratuitous licencee. in my view therefore, .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Apr-09-2014
..... remanded so that accurate map/plan is brought on record of the case, on the basis of which the court may draw presumption in view of section 83 of the indian evidence act, 1872. thus, if map/plan drawn by a competent official such as the taluka inspector of land records or the district inspector of land records or the competent surveyor ..... appeal by setting aside the impugned judgments and orders passed by the first appellate court and the trial court with further direction to the trial court to allow opportunity of amending the plaint to the plaintiff so as to comply with order vii rule 3 of the code of civil procedure and to allow the parties to lead further evidence as .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-2014
..... 5.08.2008 notification was issued proposing modifications to the reservation of railway reservation to dp road reservation and objections and suggestions were invited to the said amendment. 9. on 23.11.2009/24.12.2009, the petitioners' architect, space age consultant made an application to mumbai municipal corporation to allow residential ..... 2014) 2 scc 491), dealt with mrtp act, dc regulations, referring to permission and change of land use. it is observed that the mrtp act being an act to provide for planned development, the provisions of the dcrs will have to be read purposively and harmoniously, and not disjunctively.?. the plain reading of the ..... application for permission shall have due regard to the provisions of any draft or final plan [or proposal] [published by means of notice] [submitted] or sanctioned under this act. regulation 2 (7) of dc regulations defines amenity?. it reads thus: amenity? means roads, streets, open spaces, parks, recreational grounds, play grounds, gardens, .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-06-2014
..... the permission of the court before filing proceedings. nor do we see any reason to read such a requirement in section 13 or in any other provisions of the indian trusts act, 1882. 46. mr. chinoy's reliance upon the judgment of the supreme court in official trustee of tamil nadu vs. udavumkarankal and ors. [1993 supp. ( ..... of the mukesh mills property will be in accordance with the 1967 dc rules and the 1991/2011 crz notification, but this is not inconsistent with the amended dcr 58 under which the monitoring committee must oversee questions, among others, of surrender of land for public purposes to government agencies and authorities, the utilization and ..... corporation of greater bombay and other concerned authorities for obtaining approval of the same and to submit proposals and obtain approval from time to time for the amendments of such plans to the municipal corporation of greater bombay and other concerned authorities and to take such steps as are necessary with a view to obtain .....
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